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(영문) 서울동부지방법원 2015.06.12 2015재고합15
특정범죄가중처벌등에관한법률위반(절도)
Text

A defendant shall be punished by imprisonment for a period of three years and ten months.

A certificate of one (No. 1) of seized chropic bags and one of the color bags shall be issued.

Reasons

Punishment of the crime

On January 20, 2005, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Southern District Court; on July 19, 2006, the Defendant was sentenced to one year and six months of imprisonment with prison labor for the same crime at the Seoul Central District Court; on March 24, 2009, the Daejeon District Court was sentenced to two years of a suspended sentence for a violation of the Road Traffic Act for four months; on November 6, 2009, the suspended sentence period was three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court, which became final and conclusive on January 14, 2010; and on January 2, 2013, the said suspended sentence became void and the same criminal records are more than four times of imprisonment with prison labor.

On March 19, 2013, at around 16:30 on March 19, 2013, the Defendant intruded with the victim D’s house located in Kimpo-si, Kimpo-si, 102, through the victim’s house-to-house window, and carried out a total of KRW 5,350,000, including 40,00 won check, 50,000 won, 50,000 won, which is the victim’s possession.

The Defendant habitually stolen property worth KRW 41,680,000 on 111 occasions, as shown in the list of crimes, between October 27, 2013 and October 17, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each statement of F, G, D, H, I, J, K, L, M, or N;

1. Records of seizure, list of seizure, reports on results of field identification at each site, reports on investigation (related to crimes A), investigation reports (related to crimes committed by a suspect), investigation reports (related to crimes committed by a suspect A), investigation reports (related to the victim's telephone statement hearing), investigation reports (related to the amount of damage), investigation reports (related to specific reporting on the amount of damage), detailed inquiry into the list of damage notification, results of inquiry into personal information of a convict DNA, and photographs of seized articles;

1. Previous records: Inquiries, investigative reports (related to the period of repeated crimes), results of the search of prisoners, and criminal investigation reports (report attached to judgments, etc.);

1. Habituality of the judgment: Each type of crime, method and frequency of crime, and the same kind of crime within the short term as indicated in the judgment;

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